Monday, August 08, 2005

Cyberspace Plenary Session and Hot Topics

The Committee's Meeting in full was held at 8 AM Saturday. Not surprisingly, this committee attended en masse notwithstanding the early hour (and, in some cases, whatever any of us were doing in Chicago on a Friday night...).

Vince Polley [picture] spoke for a few moments, discussing some Section news. He noted that this Annual is very well attended -- approximately 2200 Business Law members are here -- and that the Section is putting on 22 programs, which is far and away the most prolific of the ABA's sections. Of those 22, Cyberspace is putting on (directly or as a co-sponsor) six. On the publishing side, the Committee has produced 3 new book titles over the past year. In other words, we continue to be amongst the most productive committees in the most productive section.

Vince rattled off the upcoming meetings through the section, including Tampa in April 2006, and Honolulu in August 2006. Vince noted that the Hawaii meeting will have a modified format, including early start and stop times during the days and a smaller set of programs.

Vince handed the podium to Candace Jones, [picture] who will chair the committee going forward. Candace spoke briefly about the coming plans for 2005-2006. The Winter Working Meeting for January 2006 will be held in Wilmington, Delaware. Wilmington is a short ride from the Philadelphia airport, and can be reasonably reached from Baltimore as well. Also, Wilmington is on the Amtrak Acela train, so those in Boston, New York and D.C. (and points in between) have easy access.

Candace noted a few leadership and sub-group changes. Michael Fleming [picture] will be Vice Chairing the Committee, Juliet Moringiello will be Chair of the Publications Subcommittee, and Mattias Hallendorf will be the Co-Chair of the Transferability of Electronic Financial Assets Working Group (a joint project with the UCC Committee).

The Working Group on Spam will be re-purposed to a degree and renamed as the Working Group on Malware. Elizabeth Bowles [picture] will continue to chair the WG. It will expand its portfolio beyond spam and into the wider concept of 'malware' -- put in quotes because task one is probably how to define it.

A new Subcommittee on Privacy, Security & Data Management will be co-chaired by Peter McLaughlin and Michael Power.

After the short remarks, Candace handed off the meeting to our five (!!!) hot topics speakers, who each had to compress their remarkably dense topics into about 15-20 minutes each.

Rhea Fredericks gave a short synopsis of the recent decisions in the Zubulake and similar matters concerning electronic discovery, and particularly corporate obligations to retain and preserve evidence.

Michael Geist spoke on his views of the WGIG report on Internet governance, which included a short history of the governance of the Internet that led up to today's concerns.

John Ottaviani reviewed the Grokster decision and had some thoughts on where we go from here in the P2P world.

Elizabeth Bowles presented some early thoughts on the malware concept, including the ideas around how we can start to define the idea.

Steven Middlebrook spoke on his own personal views of the current controversies on patenting within the financial industry.

Sunday, August 07, 2005

Committee Face Book

To help new members know who's who, we have created a sister blog that contains good "face shots" of committee members. Please check out the pictures.

If any of you are not pictured, and you'd like your picture added, please track down Fleming or me, and we'll take a photo of you and add it.

If any of you who are pictured don't want to be, let us know, and we'll take down your picture.

And the coffee was excellent

Fleming and I made the pilgramage to Chicago's coffee palace, Intelligentsia. The coffee was so good, we didn't even mind the $20.00 we spent in cab fare to get there and back.

We started with an order that confused the gal behind the counter; we each ordered a single espresso and a single macchiato. We quaffed those very quickly, and immediately followed up with another order. Fleming went for the latte pictured here. I ordered a traditinal cappuccino.

We sat and enjoyed the place for a bit, and then we headed back. I couldn't leave without taking a bit more of the store with me. We'll see how well the pound of whole bean espresso does in my home espresso machine.

Vince Polley's "Retirement/Thank You" Gift

At the Cyberspace Dinner, the Committee presented a retirement/thank you gift to Vince Polley to say thanks for his tremendous service as a member, and then Chair, of the Cyberspace Law Committee. As Hank and Michael Fleming described in lengthy detail (see earlier post), the group finally agreed upon a very low-tech gift--a book!

Food, Friends and Free Flowing Beverages

The Cyberspace Dinner was one of the best ever. The evening started with (SURPRISE!) an open bar, courtesy of the law firm Gordon & Glickson. (Thanks Steve). A big thanks also goes to Jackie Scheib for all the hard work she put into setting up the dinner at Wildfire.

Rotenberg Accepts Cyberspace Excellence Award

Last night, Marc Rotenberg of EPIC, graciously accepted the third annual Cyberspace Law Excellence Award. I had the privilege of sitting with Marc at dinner. We had a very lively conversation about privacy, security, notification of consumers about security breaches, goings-on at the Department of Homeland Security, and my reporter friend Declan McCullagh.

It was a thoroughly enjoyable evening.

Cyberspace Committee Dinner

A great time was had by all, as we awarded the Cyberspace Award for Excellence, honored our departing chief, and welcomed the new boss. Let us remember the night with a few photos.

Marc Rotenberg

Mark, Michael, Candace and Vince

Susan and Jason Epstein brought along their new twins

Jason holds our Committee's newest member

John and Chris

Don, Jackie and Don's spouse Diane

Elizabeth and Rafael

John, Elizabeth Cole (Australian attorney practicing in Shanghai), and Hank

Brad and Jane

[more to come...}

Wi No WiFi in Chi?

Actually, we have plenty of WiFi in our meeting space (thank you Business Section!). What I refer to is the new op-ed (registration required) from the NY Times about the town of Hermiston, Oregon and surrounding environs. The city has contracted with a private provider to set up what appears to be the world's largest WiFi Hotspot -- no cost service over a 600 square mile area.
Driving along the road here, I used my laptop to get e-mail and download video - and you can do that while cruising at 70 miles per hour, mile after mile after mile, at a transmission speed several times as fast as a T-1 line. (Note: it's preferable to do this with someone else driving.)

Author Nicholas Kristof noted the irony of a rural area in Eastern Oregon pulling this off while bigger cities are still stuck in the mud. I suspect we shall see this issue (or similar concerns about next generation wireless broadband such as WiMax) coming up more and more in the next years.

Saturday, August 06, 2005

CLE PROGRAM: Sailing in Dangerous Waters

E. Michael Power, Roland Trope, Francoise Gilbert

The panel members used the metaphor of a submarine to describe data management and its risks to members of boards of directors. The panel provided a good overview of the various sources of law that make data security an increasingly important issue for companies. Moreover, the panel argued for increased attention to these issues by Boards of Directors of large and small companies.

This session demonstrated how data, its management, and security, is a common thread that runs through many of the programs at this year's meeting. The lack of attention to data management is a common source of many coroprate challenges:

  • data privacy issues
  • the difficulty of many companies to cope with the challenges of ediscovery
  • data security breaches and the obligation to notify consumers of the breaches

Michael Power made my favorite comment of the session. To paraphrase: "You can batten every hatch on your boat, and it's still going to get in. That's what bilge pumps are for. Data is just like water. You may think you've got a handle on where your data is stored and how it is secured, but, just like water, it goes everywhere."

Seminar Materials are available here. [ABA ID Required]

Ecommerce Subcommittee Meeting

The Ecommerce Subcommittee meeting ran at breakneck pace as we tried to cover the substance-packed agenda in the one-hour time allotment. Luckily, no other group was scheduled for the conference room so we could continue for an extra half-hour.

The meeting opened with the announcement that Juliet Moringiello is stepping down as Co-Chair, having reached the end of her three-year term. In her new role as Co-Chair of the Programs and Publications Subcommittee, the entire Cyberspace Committee will reap the benefits of her leadership talents and enthusiasm. Chris Kunz will be the new Co-Chair of the Ecommerce Subcommittee. Chris has been the driving force behind the impressive body of work on "click wrap" and "browse wrap" agreements produced by the Working Group on Econtracting Practices during her tenure as its Co-Chair. The timing is especially good for Chris to shift into the Ecommerce Subcommittee because of her interest in the Model Trading Partner Agreement and the Subcommittee's newest project, the Model Electronic Transaction Routing Services Agreement.

The meeting proceeded with a round-up of the Subcommittee's on-going projects. We were fortunate that Co-Chairs of all five Working Groups were in attendance to present status reports.

  • Linda Rusch summarized the progress that the Working Group on Transferable Records has been making on their attempt to give practical direction on how to establish "control" over electronic chattel paper.
  • Kathy Porter explained the Working Group on Electronic Contracting Practices' upcoming article on modification of standard form electronic contracts. Their next project will be a comprehensive review of the recently-published model website in anticipation of version 2.
  • Ben Beard reported on the annotations to Model Trading Partner Agreement, proposing that the Agreement be harmonized with the Model Electronic Transactions Routing Services Agreement, and that the two be published together.
  • Don Clifford discussed the revisions that the Consumer Protection Working Group is making to the ABA-sponsored website for consumers,, which still contains content from its 1999 launch.
  • Jon Rubens brought us up-to-date on, a proposed ABA-sponsored website for new Internet entrepreneurs .

Elaine Ziff made a presentation on two ecommerce decisions which were handed down in the past year. The first was Cairo v. Crossmedia Services, wherein the N.D. California upheld a choice of forum clause contained in terms and conditions posted on a site, despite the fact that the action meant to indicate assent, i.e., using the site, was undertaken by a robot which was not programmed to read the terms and conditions. The second case was Batesville Casket v. Funeral Depot, wherein in the S.D. Indianapolis suggested that the general rule that a website can link to another without liability for copyright infringements on the linked site does not necessarily apply where the linking site controls the content of the linked site.

The remainder of the meeting was dedicated to discussing the Model Electronic Transactions Routing Services Agreement. Phillip Schmandt and Chris Kunz led the group through their list of key conceptual questions, including, what is the difference between data and content, and what intellectual property, if any, will be created in the parties' relationship and who should own it? Between now and the Winter Working Meeting, a series of conference calls will be scheduled to go over the Model Electronic Transaction Routing Services Agreement in greater detail and focus on the actual language of the Agreement. If you would like to participate, please let Phillip or Chris know at and

Elaine Ziff, Co-Chair, Electronic Commerce Subcommittee

CLE PROGRAM: Information Security and Dealing with Information Security Breaches

Information Security Panel

This panel included speakers with a wealth of information about the current state of information security breach notification laws, the experiences of companies who have suffered a breach, and the legislative response to this situation.

Here are a few highpoints of many of the presentations.

Julie Brill
Assistant Attorney General, Vermont

Ms. Brill briefly reviewed some of the litigation filed by state Attorneys General in response to companies failing to provide notification to citizens of a state when the companies suffer security breaches. The CDRom for the Annual Meeting contains the testimony presented by the State Attorneys Generals at the recent hearings on consumer notification. That testimony includes a comprehensive list of the known security breaches that affected consumer accounts. She estimated that approximately 50 million consumers have been affected by security breaches.

Ms. Brill encouraged everyone to read the new state breach notification laws to ensure they can appreciate the subtle variety in the laws. She also commented that some of press reports about the new states laws have contain inaccuracies. To the extent the state notification laws differ, she felt the differences were largely in respect to how much of the OCC guidance was included in the state law.

Ms. Brill also summarized what she thought were the differences between the OCC Guidance and the majority of the state laws:
  • The definition of the information that triggers an obligation to notify is broader in the OCC Guidance
  • The language that describes whether notice must be given is more ambiguous
  • The OCC Guidance requires notification whether the information acquired was encrypted or not
  • The OCC Guidance also covers paper information as well as computerized information

She commented that the argument that the state laws lack uniformity is a red herring. She believes the state laws are similar enough that we have, effectively, uniform legislation.

She also does not agree there is a risk that consumers may become “numb” from receiving security breach notifications too often. She believes consumers are responding appropriately and that they are right to be very concerned about these breaches. She believes the breach notifications are an incredible educational tool that are beginning to help consumers learn what they must do to protect themselves from the risks of Identity Theft. Until American business changes its practices and improves the security of consumer information, the breach notifications will continue to be a good tool that has value.

She commented that most of the states want a federal security breach notification law. They believe the federal law should address two important points. First, the trigger for providing notice ought to be objective, not subjective, like the OCC Guidance. The states don’t want the entity that suffered a breach to decide if notice must be given. Second, the states don’t believe preemption is necessary.

Finally, she commented that the states want an expansion of the Safeguards Rule. They do not believe the current rule is strong enough, and should be modified to cover all entities that store or process sensitive consumer information, not just financial institutions that are currently covered by GLB.

[More to follow after lunch]

Friday, August 05, 2005

Working Group on Electronic Payment Systems

Sarah Jane Hughes and Bob Ledig opened discussion of the FDIC's forthcoming proposals regarding stored value cards and the deposit insurance coverage (if any) of the underlying funds. A fascinating discussion followed with the group continuing to work out the implications. The group is going to provide some further detail in a followup e-mail to the Committee, and suggest that many of the members could be interested in providing their own comments to FDIC.

Working Group on Electronic Evidence

John Lunseth and Rae Cogar opened the meeting.

John reminded us that Rhea Fredrics from Kroll Ontrack will be speaking to the plenary session on Saturday morning -- one of the Hot Topics will be some recent electronic discovery matters.

John solicited further volunteers for the series of monographs that the WG plans to produce. In light of the Zubalake decisions, he thinks that a great opening would be a monograph for companies on their policies for preserving evidence in the face of potential litigation. The group spent some time discussing the concepts -- Including some who noted their frustration with trying to advise clients who are going to be unhappy with the practical results of these new rules. John says that the issues for the monograph should be:

1) When does the duty attach?

2) What do we need to preserve?

Interested persons should get directly in touch with John Lunseth (see link above).

Mona Lisa's Smile was Nothing

Vince Polley -- Finally at peace after reaching the end of his term.

CLE PROGRAM: Outsourcing - Getting it Right the First Time

The Committee's first program for the 2005 meeting has begun -- Outsourcing: Getting it Right the First Time. CLC member Stephen Hollman chairs the program, and is speaking on, using his phrasing, Service Level Arrangements. He points out the many ways that attorneys can, in their zeal to get the most they can out of a vendor, have often created static and non-relevant SLAs that lead to problems such as Stephen's concept of "Death by Metrics." Stephen pointed out an amazing statistic given by an Accenture analyst -- That 70% of outsourcing contracts are re-negotiated within 3 years, which demonstrates to some degree that many of those contracts were not written with the idea of 'partnership' between the vendor and buyer but were written as an adversarial exercise.

Chicago's own Diana McKenzie from Neal Gerber and Jonathan Kaplan from Accenture both spoke to processes of how to get into an outsourcing program. Diana pointed out the value of doing much of the ground work before sending out an RFP, keeping the vendors on their toes by maintaining dual track negotiations, and controlling the agenda by such tactics as having the proposed contracts in the RFP. While many buying companies think they are saving time or costs by putting off those things, Diana clearly felt that those savings were illusory because the deals that result are usually favorable only to the vendor (or worse, only to the vendor's sales person's pocket).

Stephen Mathias, attorney from Kochar & Company of Bangalore, India, gave a wealth of practical tips on contract points that need to be addressed with offshore outsourcing. His written materials for the program should be consulted as part of any lawyer's checklist if a deal is being struck with an Indian vendor -- If only for learning the significantly different legal rules for transfer and assignment of intellectual property between US and Indian systems.

Stephen Gold -- Who completes the trifecta of Stephens -- Joined the panel from Gordon and Glickson of Chicago (which firm is also a sponsor of our Cyberspace meeting this summer). He had a number of tips on avoiding further pitfalls if one is buying an outsourced service. One of his mantras was the idea that one "cannot outsource responsibility." The buyer remains holding the bag when it comes to internal controls necessary for SarbOx, the obligations of confidentiality for GLBA, and any number of other things. He pointed out that the first response to that is frequently a vendor claiming SAS-70 compliance, but that this by itself is not enough given that some SAS70s will be very shallow, and may actually do nothing more than memorialize how poor the vendor's own internal controls are.

Finally -- The program concluded with a mock negotiation over a hypothetical outsourcing contract. One side of the room advised the buyer, the other side advised the seller. Rather than devolve into a food fight lobbed over the aisle, the audience negotiated together with their counterparts on the podium. Much emphasis was placed on concepts of actually making a deal that works rather than simply proving which side could beat up the other. We might never find out if this hypothetical company would succeed in this deal, but the panel certainly put it in a better position.

Wednesday, August 03, 2005

International Policy Working Group

Hal Burman, who chairs the International (a/k/a Global) Policy working group, tells us of his plans for their meeting (Westin, Windsor Room 2nd Floor, 4:00 to 5:00 PM FRIDAY):
I just got back from an extended set of meetings, the first of which was a two-week negotiation that concluded the new Uncitral E-Commerce Convention. [For the Chicago meeting,] we have two main topics.

First, whether Cyberspace should support implementation of the new UN Convention, and if so, what position would we consider on any possible changes to UETA but especially the Federal E-Sign and Global E-Commerce Act? Are there "fixes" to the Federal Act we should promote?

Secondly, should we seek to use the new convention to harmonize e-commerce basic law within Native American or other US-related territories?

Hal (Burman, Harold S [])

Outsourcing Program -- Some Pre-Reading for You!

Stephen Hollman, who is looking forward to seeing each and every one of you (ahem) at the Outsourcing Program on Friday morning, has passed along a couple of items for you to review prior to the program.
  1. A flyer that discusses a bit more detail on what you can expect; and
  2. A copy of the hypothetical that will underlie the mock negotiation.
Prior reading is not mandatory (you can let go your fears of returning to law school...). But, Stephen thinks that you will be further intrigued by the hypo, and hopefully that will bring you to the program!

Tuesday, August 02, 2005

Intelligentsia--This Year's Coffee Event

To keep up with the tradition, I am scheduling a "Coffee Event" for interested members and friends of the Committee while we're in Chicago. Intelligentsia, a "famous" Chicago espresso shop is only 3.4 miles up LakeShore Drive from the Drake Hotel.

Those of you who've joined me on these coffee excursions in the past know that I try to seek out only the best espresso, and this year's destinatin should meet or exceed that standard. Barristas from Intelligentsia recently took first, second, fourth, and fifth place in the Great Lakes Regional Barrista Championship. And, Intelligentsia was selected Best of Chicago in the annual Citysearch poll. People, we're in for some good espresso.

I'll review the schedule, poll some of our members, and select a good time slot for the visit. As of now, I think a good time would be after the Committee Dinner on Saturday night. Use the Comment feature if you'd like to offer up an alternative time slot.

Here are some links if you're interested in learning more:
Intelligentsia Coffee House
Directions from the Drake to Intelligentsia's Broadway Store
CitySearch.Com's Poll Results on Coffee Houses
Intelligentsia's Articles on Latte Art

Extracurricular Activity -- Chicago Gold Coast Art Fair

During your free time on August 5-7 you might consider visiting this annual event, held along LaSalle Street at the intersections of Erie, Huron, and Superior (not far from our Committee dinner Saturday night, which will put pressure on nearby parking, if you were planning on driving).

"Heralded as the 'Grand Daddy' of American art festivals, the Gold Coast River North Art Fair embarks this summer on its 48th year of wowing Chicago. As one of the most highly attended art fairs in the city, The Gold Coast River North Art Fair annually attracts over 400 juried artists and 600,000 visitors from locations around the world. The free festival is set along city streets and sidewalks in the gallery-filled River North neighborhood; a world-class creative and cultural experience!"

For more information, visit


Eric Goldman Challenges Elliot Spitzer

OK, so it's not an "Over the Top Battle Royal" match. Yet. But for those of you who are interested, take a look at Eric's article in CNET's today. Eric points out that the New York Attorneys General's threats against advertisers who run ads with adware vendors represent "a novel and unprecedented application of current law," and have negative policy implications.

[from John E. Ottaviani (]

Transport Options to Hotels -- Trains, Cabs and Feet

For those of you coming in through the airports, don't forget that Chicago has a pretty good train system.

Unfortunately, the Drake and Westin are a bit north of the "Loop" and so they don't quite get to the trains themselves.* Still, a ride on the Blue Line from O'Hare or the Orange Line from Midway, followed by a short (relatively) cheap cab ride to the hotel (Chicago is a "hail a cab" town, so just get out on the curb and gesture wildly), will probably be a money saver compared to cabs all the way from the airport. And, speaking from experience, if you come in during any rush periods the trains will often get you downtown faster (particularly from O'Hare), even with the transfer to a cab at the end of the ride.

* If you really want to go on the train all the way, you can transfer to the Red Line, which is a subway that connects from the Loop trains -- watch the signs and figure out how to do the transfer. However, you'll have about a 7 block walk to go from the Chicago Street stop on the Red Line to get to the Drake Hotel.

Monday, August 01, 2005

You Want CLE? You Got It!

By my count, your CLE Passport can net you (approximately) 12 hours of CLE without even leaving the Cyberspace sphere of influence. Come out and support your colleagues from the Committee, and surprise yourself at how good we all really are at this stuff.

Friday 10:00 a.m.- 12:00 p.m.

Program: Outsourcing: Doing it Right the First Time and Every Time
Westin Michigan Avenue: Governor’s Suite, 3rd Floor
Presented by the Technology Committee
Co-Sponsored by the Cyberspace
Program Chair: Steven N. Hollman

Five distinguished leaders in the outsourcing field, including a leading attorney from Bangalore, India, will discuss steps to take when presented with a proposal for outsourcing, constructing service level agreements, special issues in off-shore outsourcing, and disclosure and compliance with U.S. laws. The panel will then engage in mock (unrehearsed) negotiation of a hypothetical outsourcing transaction.

Saturday 10:30 a.m.- 12:30 p.m.

Program: Information Security and Dealing with Security Breaches
Westin Michigan Avenue: Cotillion Ballroom North & South, 2nd Floor
Presented by the Consumer Financial Services Committee
Co-Sponsored by Cyberspace
Program Chair: Joan P. Warrington

In this program, which was developed in conjunction with the Electronic Financial Services Subcommittee, representatives from Congress, the FTC, a state Attorney General and the private sector will discuss the latest laws, regulatory guidance, enforcement action and pending legislation relating to the protection of information and the obligations of entities that experience an information security breach.

: If you are interested in these issues, please plan to attend the meeting of the Electronic Financial Services Subcommittee.

Saturday 2:30 p.m. – 4:30 p.m.

Program: Data Governance for Company Directors
Westin Michigan Avenue: Wellington Ballroom Two, 2nd Floor
Program Co-Chairs: Roland Trope and Michael Power

This program coincides with the ABA’s release of a book of the same title written by the program co-chairs. The panel will describe the impending “perfect storm” in the information security environment, identify trends contributing to its formation and review emerging legal requirements that create data governance obligations for directors. The panel will suggest questions directors should ask management to fulfill director obligations and provide guidance for assessing management’s response.

: If you are interested in these issues, plan to attend the meeting of the Subcommittee on Privacy, Security and Data Management.

Sunday 8:00 a.m.- 10:00 a.m.

Program: Protecting Organizations’ Intellectual Property and Confidential Data in Outsourcing Transactions
The Drake Hotel: Michigan Room, West Mezzanine
Presented by the Intellectual Property Committee. Co-Sponsored by Cyberspace
Program Chair: Patrick J. Whalen

This program will present the risk to an organization’s IP and other private data when pursuing outsourcing and will outline strategies that companies may adopt to address these risks. Topics include an interdisciplinary strategic framework for structuring outsourcing deals, protocols for privacy protection, dispute resolution procedures and host nations’ treatment of IP.

Sunday 2:30 p.m. – 4:30 p.m.

Program: RiskEContracts: How On Line Consumer Contracts are Treated in Foreign Jurisdictions
Westin Michigan Avenue: Wellington Ballroom Two, 2nd Floor
Program Co-Chairs: John Gregory and Don Clifford

Do your consumer online contract forms travel well? Terms and conditions normal in U.S. consumer contracts may be doubtful, invalid or even illegal in countries whose legal systems you may think are familiar. Lawyers practicing in France, the UK and Canada show you the risks and how to minimize them.

: If you are interested in these issues, plan to attend the meetings of the Internet Jurisdiction and Global eCommerce Policy Subcommittee and the Working Group on Consumer Protection.

Monday 2:30 p.m. – 4:30 p.m.
Program: The Wonderful – And No Longer Exotic – World of Electronic Payment
The Drake Hotel: Drake Room, Upper Level
Presented by the Developments in Business Financing Committee
Co-Sponsored by Cyberspace
Program Chair: Martin Fingerhut

This program will provide a basic overview of the nature of payment obligations that are created through the Internet and other electronic media. The panel will also discuss a number of current legal and business issues, including enforceability under state and federal law, taking security on and securitizing these obligations and unique opinion issues.

: If you are interested in these issues, plan to attend the meeting of the Working Group on transferability of Electronic Financial Assets.

E-Commerce Consumer Protection Working Group

The latest draft of the update of the ABA Website is attached here.

All comments and suggestions will be enthusiastically considered. Send them to or print out a copy, mark it up on the airplane and turn it in at the Westin hotel desk for Don Clifford. The draft will be discussed at the meeting of the E-Commerce Consumer Protection working group on Saturday morning. All are welcome.

Internet Law Subcommittee Meeting

The Internet Law Subcommittee will be meeting on Monday, August 8, from 8am to 9am at the Westin Michigan Avenue, in Consulate Room One, 2nd Floor. Here is our agenda for the meeting. It's a very full plate and lots of interesting opportunities to get involved in cutting edge Projects, Programs and Articles.

Tom Laudise ( and Hank Judy ( are the Co-Chairs of the Subcommittee and they very much welcome your participation.

Working Group on Electronic Contracting Practices

If you are coming to the Chicago ABA Annual Meeting, please join us at the Cyberspace Committee's Working Group on Electronic Contracting Practices, which is part of the Electronic Commerce Subcommittee.

The Working Group will meet in our Sunday, August 7th, from 3:30 to 4:30 a.m. in the Windsor Room (Westin Michigan Avenue, 2nd Floor).

Our successful Spring meeting program on modifications of electronic form agreements will become an article for the Business Lawyer. Join us to discuss our progress on the article. We will also have a number of new projects under consideration, including analyzing the types of provisions needed for nonpublic or private suite websites, offering some e-contract assistance to the model website committee, looking at the enforceability and operability of email disclaimers, and discussing whether and how bots might be bound by website terms of use. Finally, we will discuss a recent Massachusetts appellate case involving the refusal to enforce a forum selection clause in a cruise ticket. Please join us.

If you cannot join us in person, we have set up a dial in number for our meeting - contact Chris or Kathy below or post a comment to the blog to get the details.

We look forward to seeing you in Chicago! Please let us know if you have any questions or suggestions!

Co-chairs: Kathy Porter ( and Chris Kunz (